Kara Sears
Canada's legal system is pluralistic, with foundations in the English common law system, the French civil law system, and Indigenous law systems. Statute law, or legislation, is one of the two main types of primary law in Canada, the other being case law. Statute law refers to laws written by a legislative body such as federal, provincial, and territorial legislatures, or Parliament. Statutes are often supplemented by regulations or other statutory instruments which are typically approved by the relevant government minister. All new laws or amendments to existing laws are brought forward as bills, which must be passed by both the House of Commons and the Senate and receive Royal Assent before becoming law.
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What You'll Learn
The role of the federal Parliament
The Canadian legal system is pluralistic, with foundations in the English common law system, the French civil law system, and Indigenous law systems. The country's Constitution is the supreme law, and it outlines the federal and provincial division of powers.
The federal Parliament plays a crucial role in Canada's legislative process, particularly in creating statute law. Statute law, also known as legislation or statutory law, refers to laws created by elected representatives in the federal Parliament or a provincial Legislative Assembly. These laws are typically called "acts" or "statutes".
The federal Parliament has exclusive jurisdiction over certain matters, as outlined in Section 91 of the Constitution Act of 1867. This includes areas such as banking, criminal law, and the fixing of salaries for government officers. Criminal law, for example, falls under the exclusive purview of the federal Parliament, which has enacted the Criminal Code.
The process of creating statute law begins with a bill, which can be drafted by the government in power or by an individual member of the House of Commons. The Senate can also initiate a bill, but most federal legislation originates in the House of Commons. Once introduced, the bill undergoes a series of stages, including readings and debates, before being voted on. If passed by both the House of Commons and the Senate, the bill proceeds to the next critical stage: Royal Assent.
Royal Assent is granted by the Governor General or another representative of the Crown. It signifies the final step in a bill's passage into law. However, it is important to note that a statute can come into force in different ways. It may take effect on the date of Royal Assent, or it may be enforced on a future date specified in the bill. Newly passed laws are published in the Canada Gazette, and federal statutes are subsequently published annually in the Statutes of Canada.
In summary, the federal Parliament in Canada holds significant legislative power, particularly in areas under federal jurisdiction. It initiates and passes bills that, upon receiving Royal Assent, become statute law, shaping the legal landscape of the country.
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Provincial Legislative Assemblies
Canada's legal system is pluralistic, with foundations in the English common law system, the French civil law system, and Indigenous law systems. The country's statute law, or legislation, is made by elected representatives in the federal Parliament or a provincial Legislative Assembly. These laws are usually called "acts" or "statutes".
Each of Canada's 10 provinces has a legislative assembly, and together with the province's lieutenant governor, they form the provincial legislature. This may also be called a parliament or general assembly in some provinces. Members of these legislative assemblies are called Members of the Legislative Assembly (MLAs) in most provinces and all three territories. In Ontario, they are called Members of Provincial Parliament (MPPs), and in Quebec, they are referred to as members of the National Assembly (MNAs). The legislative assembly with the most members is Quebec's National Assembly, which has 125 MNAs. The legislative assembly with the fewest members is the Legislative Assembly of Prince Edward Island, with 27 MLAs.
The process of creating a statute begins with a bill, which can be drafted by the government in power or by an individual member of the House of Commons. The Senate can also draft and introduce a bill, though most federal legislation originates in the House of Commons. Once introduced, the bill must go through a series of stages before becoming law. After being introduced in the chamber, it proceeds to the Senate, where it may or may not be amended. If the bill is passed in the Senate without amendment, it moves on to the next step: Royal Assent. If the Senate makes amendments, the bill must return to the House, where the amendments must be accepted or rejected before the bill receives Royal Assent. Royal Assent is granted by the Governor General or another representative of the Crown once a bill has been adopted in identical form by both the House of Commons and the Senate. This is the final stage before a bill becomes an act of Parliament. However, even with Royal Assent, a statute may not come into force immediately. It can come into force on the date of Royal Assent, which is the typical default, or on a future date specified in the bill.
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Royal Assent
In Canada, laws are made by elected representatives in the federal Parliament or a provincial Legislative Assembly. These laws are usually called "acts" or "statutes". Statutes are often supplemented by "regulations" or other "statutory instruments", which are typically approved by the relevant government minister.
The written declaration procedure involves the Clerk of the Parliaments meeting with the Governor General to present the bills with a letter indicating that they have been passed by both Houses and requesting that the bills be assented to. At the government’s request, a representative from the Privy Council Office is also present for the signing of the written declaration of Royal Assent, as is a House table officer.
It is important to note that Royal Assent does not necessarily mean that the law is in effect as of that date. A statute can come into force in three ways: on the date it receives Royal Assent (which is typically the default method); on a date set in the future, as specified in the bill; or on a date to be fixed by proclamation, which is usually done by an order of the Governor in Council.
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The Constitution
The Canadian legal system is pluralistic, drawing on the English common law system, the French civil law system, and Indigenous law systems. The Constitution of Canada is the supreme law of the land, and any laws inconsistent with it are invalid. The Constitution consists of written text and unwritten conventions and is formed of several acts and statutes.
The Statute of Westminster 1931 granted Canada full legislative autonomy from Britain. The Constitution Act of 1982 ended all remaining legislative ties to Britain and added a constitutional amending formula and the Canadian Charter of Rights and Freedoms. The Charter guarantees basic rights and freedoms that cannot be overridden by the government, and it applies to both the federal and provincial governments.
Statute law, or legislation, refers to laws created by elected representatives in the federal Parliament or a provincial Legislative Assembly. These laws are usually called "acts" or "statutes". Statutes are often supplemented by "regulations" or other "statutory instruments", which are typically approved by the relevant government minister. All new laws or amendments to existing laws are brought forward as Bills, which must be passed by both the House of Commons and the Senate and receive Royal Assent before becoming law.
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Common law precedents
Canada's legal system is based on a combination of common law and civil law. Common law is not written down as legislation but has evolved into a system of rules based on precedent. Judges develop common law by referring to and setting precedents, interpreting and applying statutes. Common law can only be found in past decisions, and it adapts to changing circumstances as judges can announce new legal doctrines or change old ones.
Canada's common law system has its roots in the English common law system, inherited from its colonial past. Due to this historical connection, decisions of the House of Lords before 1867 are technically still binding unless overturned by the Supreme Court of Canada. However, in practice, Canadian courts have not declared themselves bound by English court decisions for decades.
Nine of the provinces, excluding Quebec, and the federal territories, follow the common law legal tradition. Lower courts within each province must follow the decisions of higher courts, such as Ontario lower courts being bound by the Ontario Court of Appeal.
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